India: Brutal attack with the intention to kill against Dalit social activist and HRD
Event- Country
- India
- Initial Date
- Sep 11, 2019
- Event Description
On 11 September 2019,Mr. Ashok Mahindra left his home on his bike in MuktsarSahibcity in Punjab at around 7 pm. As he barely moved a few meters from his house on the street in B R Ambedkar Marghe was attacked from behind and fell down from his bike. He somehow managed to escape from the spot and run towards his house. When he reached home, the two assailants mainly Soma Singh and his father Jaswinder Singh Sinder came to his house and Soma Singh was carrying an iron rod and Jaswinder was having a small baton (lathi). They both started hitting the Mr. Ashok Mahindra indiscriminately with the intention to kill him and after receiving a blow on his neck, he fell down and became unconscious. The assailants were unsuccessful in executing the brutal attack because of the intervention of some of his neighbours and other people at the site of the incident. Fortunately, Mr. Ashok Mahindra survived the attack but he received three severe injuries. His right hand suffered fracture and left hand also got injured. He was immediately rushed to the civil hospital at MuktsarSahib, Punjab. He was admitted in the hospital and treated from 11 September, 2019 to 13 September, 2019.The Station House Officer of the area police station came to record his statement. Although they have registered the case but they have not included IPC section 452 which is imposed for allegedly committing house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person. It is alleged that by not including section 452 the police has beenseekingto diminish the enormity of the crime committed against the defender. Mr. Ashok Mahindra was assisting Mr. Kamal Kumar, a Dalit who was attacked with a gun some time back. In his case the police did not invoke the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the assailants. The defender lodged a complaint with the Senior Superintendent of Policeof Muktsar Sahib district to charge the accused under these relevant sections. Mr. Ashok Mahindra also organized an agitation in this regard.About three years ago Mr. Ashok Mahindra helped Mr. Gurmeet in filing a police complaint against an accused who attacked Gurmeet with a rifle. On the same day the accused was arrested. According to the sources in the present case the accused are involved in the drug trafficking activities and are suspected to have been hired by the vested interests to target the HRD. Mr. Ashok Mahindra has been a victim of vendetta like so many human rights defenders in the countryand the state and police machineryhas not taken any proactive measures to helpthe victim. They have not taken the accused on remand so far.Pertinent to this particular case of Mr. Ashok Mahindra, it is pointed out that under the Declaration of Human Rights Defenders, it is stated that in the context of human rights violations by third parties, the obligation to protect, first, involves ensuring that defenders do not suffer from violations of their rights by non-State actors. Failure to protect could, in particular circumstances, engage the State‘s responsibility. Even acts and omissions committed by non-State actors under the instructions, control or direction of the State can, under certain circumstances, give rise to State responsibility. Therefore, it is paramount that prompt and full investigations are conducted and perpetrators brought to justice. Failure by States to prosecute and punish such perpetrators is a clear violation of Article 12 ofthe Declaration on Human Rights Defenders.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats
- Violence (physical)
- Wounds and Injuries
- Rights Concerned
- Denial effective remedy
- Minority Rights
- Right to healthy and safe environment
- HRD
- Minority rights defender
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Event Location
Latitude: 30.469627631785624
Longitude: 74.51615205295028
- Event Location
- Summary for Publications
On 11 September 2019, Mr. Ashok Mahindra, Dalit social activist was brutally assaulted due to his work as HRD by two men with the intention to kill him in Muktsar Sahib, Punjab, India.